MARTA LÁZARO MARTA LÁZARO

CONVENCION DE NACIONES UNIDAS SOBRE MEDIACION COMERCIAL INTERNACIONAL

 NEWSLETTER
2018

M A R T A     L Á Z A R O

COMPLIANCE & MEDIATION & LITIGATION

IMPROVE THE EFFECTIVENESS OF MEDIATION AND MAKING MONEY OF IT

In the last decade mediation has received increased attention as a means to resolve litigation. Unfortunately still many lawyers are very reluctant to advise their clients to resolve their disputes throught Mediation.

However lawyers in mediation can make a very positive influence and contribution  to the mediation process and  also they can increase their revenues. Nevertheless they must communicate and negotiate  in a very different way from trial advocacy. As a lawyer, you have to work with opposing counsel to negotiate a settlement while protecting your client’s interests.

HOW?

1.- Creating Decision Trees
2.- Assisting  clients  prepare for the mediation.
3.- Advocating on their party’s behalf during the opening
4.- Advising them on negotiation
5.- Advising and assisting your client drafting the agreement

ARE YOU STILL RELUCTANT TO ADVISE YOUR CLIENT TO  ENTER INTO MEDIATION PROCESS?
CLICK HERE if you want to read more
 
 
 

ADMISSION  AS MEDIATOR TO CCPIT MEDIATION CENTER

Mediation is being promoted for the conflict resolution  related The Belt and Road Initiative (BRI). This iniativie is China’s ambitious international development strategy across Asia, Europe and Africa, involving large-scale cross-border infrastructure investment. To date, over 60 countries are involved, linking Asia to Africa and Europe.

Recent developments suggest that the BRI presents an opportunity for less formal procedures, like mediation, to flourish and enter the mainstream. Indeed, three key BRI jurisdictions – China, Singapore and Hong Kong – have recently promoted mediation in the context of BRI disputes.

So I am pleased to announce that I have been listed on the panel of mediators of the China Council of Promotion of International Trade (CCPIT) Mediation Center so that I can assist to reach agreements specially when an spanish or any latam company is involved.

 

 
EU COMMERCIAL LEGAL RISKS  MANAGENMENT WORKSHOP  
Last  March I was invited by NANTONG CCPIT SUBCENTER  to deliver an speech relating to RISK PREVENTION & DISPUTES RESOLUTION DOING BUSINESS IN SPAIN.I had the opportunity to meet many colleagues  and  companies very interested in Mediation process as a first option to resolve conflicts with spanish companies. Please CLICK HEREfor further information.
 
EVENTS
 
IV EDITION  OF THE  AWARDS 

On Wednesday, April 18, 2018, took place the 4th Edition of the CATEDRA CHINA Awards at the Caja de Música Auditorium of the Cibeles Palace in Madrid. The winners of this year have been:

Iberia
Dolors Folch, Professor emeritus at UPF and pioneer of sinology in Spain.
Xulio Ríos, Director of the Observatory of Chinese Politics and Honorary President of the IGADI
Julio Juberías, Business consultant with a long experience in China and its surroundings.

The event was attended by more than 300 personalities from the Spanish-Chinese institutional, business and academic world. The event was chaired by Mr Eugenio Bregolat, former ambassador of Spain in China and honorary president of the Catedra China; the Hon. Mr. Lyu Fan, Ambassador of the People’s Republic of China in Spain and  Mr Marcelo Muñoz, President of the China Chair and Dean of Spanish Businessmen in China

 
 
INTERNATIONAL CONGRESS
CURRENT STRATEGIES RELATING TO MEDIATION  & ARBITRATION

 

The International Congress “Current Strategies in Mediation and Commercial Arbitration”, held at the University of Alcalá de Henares, brought together a large group of experts in the field of mediation and arbitration in international commercial disputes. There, I had the pleasure and the opportunity to speak about the growing relevance of commercial mediation as a way of solving conflicts for Spanish SMEs with business in China. Please CLICK HERE if your are interested in getting further information.
 
N E W S 
 
EUROPEAN GENERAL RULES OF DATA PROTECTION

On 25 May 2016  entered into force the General regulation of data protection (RGPD), which will replace the current regulations and which will take effect on 25 May 2018.
Under these new rules, What data can we process and under which conditions? Click here for the answer.

UNCITRAL WORKING ON INTERNATIONAL COMMERCIAL MEDIATION

The UNCITRAL has prepared for 2018 two new instruments for the enforcement of international commercial settlement agreements resulting from mediation.

These two instruments are an amendment to a UNICITRAL previous Model Law on mediation and a new International Convention.   The UNCITRAL Model Law on International Commercial Mediation (2002), With Amendments as adopted in 2018; and The United Nations Convention on International Settlement Agreements resulting from mediation.

 

SPANISH ENERGY BIT AWARDS 

The European Union’s top court ruled on that arbitration clauses common to almost 200 investment agreements between EU member countries violate EU law, casting doubt on such deals and others struck by the bloc as a whole.

It said the arbitration tribunal that made the order was not a court of a member state, had no power to refer matters to the ECJ and that its decisions were final, even though disputes referred to it could concern the application or interpretation of EU law.

“The arbitration clause in the BIT has an adverse effect on the autonomy of EU law, and is therefore incompatible with EU law,” the court said. so the European Commission is seeking to address these issues by proposing a mediation mechanism.

As a result of this rule, the European Commission has told Spain that arbitral awards compensating investors over reforms to the state’s renewable energy subsidy regime cannot be paid without EU approval.

 

 
If you have any questions, enquiries  or need further information, please feel free to contact me at:
info@martalazaro.com.
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